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Who is responsible for the custody and upbringing of the child after her mother's death during childbirth, and at what age does her custody transfer to the father if he was not the initial custodian?

1 min readAlso available in العربية

Custody ( حضانة - hadanah) is the preservation and care of one who cannot manage their own affairs. It is a religiously obligatory duty to protect the child under custody (المحضون). The mother has the primary right to custody unless she remarries or is disqualified; then, custody transfers to another. The jurists (فقهاء - fuqaha') have agreed on prioritizing women over men in custody due to their compassion, but they have differed on the order of those entitled to custody after the mother. The Hanafis prioritize the maternal grandmother, then the paternal grandmother, then the sisters. The Malikis prioritize the maternal grandmother, however high she may be, then the maternal aunts. The Shafi'is prioritize the mothers of the mother, then the mothers of the father. The Hanbalis prioritize the mothers of the mother, then the father. The expense of custody falls upon the child's property or upon whoever is obligated to support the child. The jurists have differed on the age at which custody ends: The Hanafis believe that for a female, it ends when she reaches nine years of age. The Malikis believe it continues until marriage. The Shafi'is allow for choice at the age of discernment (seven years). As for the Hanbalis, they believe that a female child must remain with her father from the age of seven until marriage, unless the father is a transgressor (فاسق - fasiq).

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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